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DOOMES v. BEST TR. CORP.

No. 170.

17 N.Y.3d 594 (2011)

2011 NY Slip Op 7256

GLORIA DOOMES, Appellant, v. BEST TRANSIT CORP. et al., Defendants, and WARRICK INDUSTRIES, INC., Doing Business as GOSHEN COACH, Respondent. ANA JIMINIAN, Appellant, v. BEST TRANSIT CORP. et al., Defendants, and WARRICK INDUSTRIES, INC., Doing Business as GOSHEN COACH, Respondent. KELLI RIVERA, Appellant, v. BEST TRANSIT CORP. et al., Defendants, and WARRICK INDUSTRIES, INC., Doing Business as GOSHEN COACH, Respondent.

Court of Appeals of New York.

Decided October 18, 2011.

Attorney(s) appearing for the Case

Pollack Pollack Isaac & DeCicco, New York City ( Brian J. Isaac of counsel), Kahn, Gordon, Timko & Rodrigues, P.C. ( Nicholis I. Timko of counsel), Trolman, Glaser & Lichtman, P.C. ( Jeffrey A. Lichtman , Michael T. Altman and David B. Corley of counsel), Shramko & DeLuca LLP ( Jonathan D. Shramko of counsel), and Alan M. Shapey for appellants.

Shaub Ahmuty Citrin & Spratt LLP, Lake Success ( Steven J. Ahmuty, Jr. , and Timothy R. Capowski of counsel), Nicoletti Hornig & Sweeney, New York City, and Camacho Mauro Mulholland, LLP, for respondent.

Richard P. Schweitzer, P.L.L.C. ( Richard P. Schweitzer , of the District of Columbia bar, admitted pro hac vice and Craig M. Cibak of counsel), for American Bus Association, Inc., amicus curiae.

The Mastromarco Firm, PLLP, Annapolis, Maryland ( Dan R. Mastromarco of counsel), for United Motorcoach Association, Inc., amicus curiae.

Jones Day , New York City ( David M. Cooper of counsel), and Jones Day , Pittsburgh, Pennsylvania ( Charles H. Moellenberg , Jr., and Leon F. DeJulius, Jr. , of counsel), for Product Liability Advisory Council, Inc., amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ and SMITH concur with Judge JONES; Judge PIGOTT dissents in part and votes to affirm in a separate opinion.

OPINION OF THE COURT

JONES, J.

In these personal injury actions arising from a single-vehicle bus accident, two questions are presented for our review. First, whether plaintiffs' seatbelt claims, seeking to hold defendant liable for failure to install passenger seatbelts on the bus, were preempted by federal regulations promulgated by the National Highway Traffic Safety Administration (NHTSA). Second, whether plaintiffs' weight distribution claim, alleging...

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